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"Did forfeit with his life all those his lands
Which he stood _seiz'd of_ to the conqueror."
_Hamlet_, Act i. Sc. 1.
"The terms of our _estate_ may not endure
Hazard so near us," etc.--_Ib_. Act iii. Sc. 3.
Among the most important passages cited by both our authors is one that
every reader of Shakespeare will recollect, when it is mentioned to
him,--Hamlet's speech over the skull in the grave-digging scene. But
although this speech is remarkable for the number of law-terms used in
it, only one of them seems to evince any recondite knowledge of the law.
This is the word "statutes," in the following sentence:--
"This fellow might be in's time a buyer of
land, with his statutes, his recognizances, his
fines, his double vouchers, his recoveries."
Act v. Sc. 1.
The general reader supposes, we believe, and very naturally, that here
"statutes" means laws, Acts of Parliament concerning real estate. But,
as Mr. Rushton remarks, (Malone having explained the term before him,)
"The statutes referred to by Hamlet are, doubtless, statutes merchant
and statutes staple." And "a statute merchant (so called from the 13th
Edward I., _De mercatoribus_) was a _bond_ acknowledged before one of
the clerks of the statutes merchant, and the mayor, etc., etc. A statute
staple, properly so called, was a _bond of record_, acknowledged before
the mayor of the staple," etc., etc.
Here we again have a law-term apparently so out of the ken of an
unprofessional writer, that it would seem to favor the Attorney and
Solicitor theory. But let us see if the knowledge which its use implies
was confined to Shakespeare among the dramatists of his time.
In Fletcher's "Noble Gentleman," a comedy, first performed in 1625, we
find a lady, sorely pushed for ready cash, crying out,--
"Take up at any use: give bond, or land,
Or mighty _statutes_, able by their strength
To tie up my Samson, were he now alive."
Act i. Sc. 1.
And in Middleton's "Family of Love," (where, by the way, the Free-Love
folk of our own day may find their peculiar notions set forth and made
the basis of the action, though the play was printed two hundred
and fifty years ago,) we find a female free-loveyer thus teaching a
mercantile brother of the family, that, although she has a sisterly
disregard for some worldly restraints, she yet keeps an eye on the main
chance:--
"Tut, you are master Dryfab, the merchant; your skill is greater in
cony-s
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